Legal Question in Family Law in India

Hello,
My sister separated from her husband 1.5 years ago on terms of physical/mental abuse for sake of dowry. He was abusing her for over 3 years and finally when he tried killing her and their son who was 6 months old at that time, she filed a police case against him and separated from him and is now staying with me and our parents from past 1.5 years. Her son is now 2 years old and will go to pre-school in 6 months time and then the LKG/HKG in school. My question is not regarding my sister's divorce. She has not taken divorce yet and will not take it the reason being that the court allows father to meet the child atleast once a week or so and she doesnt wish to let her husband meet her son. Here comes my question, the child still has name/surname of his father on his birth certificate and this will be used for his schooling also. My question is, is there any way to change his name to reflect his maternal name instead of paternal in school? Can a new birth certificate be obtained that reflects his mother's name/surname before marriage? We do not wish to go for divorce at this point nor do we wish to his my sister's husband's name for their son's career which is a life time's question. Please advise.

Asked on 11/05/10, 12:43 pm

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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The child may be given mother's last name only when the mother is single having exclusive custody rights.

Answered on 11/05/10, 8:18 pm

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